NEW DELHI: The Shiv Sena on Tuesday moved the Supreme Court challenging the Maharashtra governor’s decision of not granting it the three days to submit the letter of support for government formation in the state.
The lawyers, appearing for the Shiv Sena, said that they have made a request to the registrar for according urgent hearing on Tuesday itself and they are yet to get a response.
The Shiv Sena has sought a direction from the apex court to quash the governor’s Monday decision not giving it the opportunity to prove majority on the floor of the House.
The party has termed the decision as unconstitutional, unreasonable, discriminatory, capricious and mala fide.
“The governor refused to grant even three days time that it has requisite majority to form government in Maharashtra,” the petition filed through advocate Sunil Fernandes said.
In the petition, the Sena contended that the governor’s decision was violative of Article 14 and 21 of the Constitution.
“It is exfacie arbitrary, unreasonable, capricious and mala fide exercise of power in order to ensure that Shiv Sena is precluded from getting a fair and reasonable opportunity of proving majority on the floor of the House” the petition said.
In the petition, the Shiv Sena has made the ministry of home affairs, the Maharashtra government and the Sharad Pawar-led Nationalist Congress Party (NCP) as respondents.
In the 288-member Maharashtra assembly, the BJP emerged as the single largest party but fell short of the majority of 144 by 39 seats.
The Shiv Sena, which was a BJP ally, garnered 56 seats. While the NCP had 54 seats and Congress had 44. (agencies)